Major Brand Novelties Deemed Obscene by Kansas Grand Jury

The 29 adult novelties deemed obscene by a grand jury last week in Dickinson County as a result of complaints against the Lion’s Den Adult Superstore northwest of Abilene were far from fringe items – the bulk of the items were from major adult novelty companies such as California Exotic Novelties, Doc Johnson, and Topco Sales, Pipedreams.

Lion’s Den maintains that the items are not obscene. Most of the novelties named in the indictment are pocket pussies, dildos, or vibes. No videos were named in the indictment.

“We’re operating a legal business, we operate with integrity and discipline in all the marketplace,” Jim Everett, assistant to the president of the Lion’s Den chain, told AVN.com. “We contribute to charities, we employ lots of people. We pay our taxes – property, real estate, sales taxes. We operate in a number of different states and in all those states we operate the same way: legally.

“Basically the products are all the same, we respect everyone else’s rights to look at our products and buy our products,” Everett said.

Unlike the case of Joann Webb, an organizer of Passion Parties in Texas who was charged with obscenity for selling a few dildos, the Lion's Den case has attracted little attention from the media.

A grand jury was impaneled last fall after Citizens for Strengthening Community Virtues (CFSCV), supervised by the American Family Association (AFA), gathered enough voter signatures to force a summons.

As reported by AVN.com last month, upon receiving the complaint in November, the Dickinson County Sheriff’s Office spent $1,332.71 from the county’s diversion fund to purchase 36 items – including “artificial devices, vaginas, dildos” – from the store.

Each of the 29 counts alleges that from Oct. 28, 2003, and continuing to the present day, the store “knowingly, recklessly and unlawfully is engaged in promoting obscenity.…” The promotion of obscenity – which, under Kansas law includes the sale and promotion of adult novelties – is a Class A misdemeanor on the first offense according to Kansas Statutes, punishable by a fine of up to $2,500 and/or up to one year in jail.

That means the 29 counts could translate into 29 years in jail and/or fines of up to $72,500 if the owners are convicted on all counts.

It is not known exactly when store officials will be summoned to a Dickinson County’s district judges for arraignment. If the owners enter a not guilty plea as expected, the case will go to trial.

“The grand jury’s indictment here may lead to other obscenity cases being filed across the state,” Dickinson County Attorney Kristie Hildebrand told the Reflector-Chronicle. “I have received phone calls from other county attorneys who have been awaiting the result of our grand jury decision here in Dickinson County before they make decisions on how to proceed.”

Hildebrand also said that Topeka special prosecutor Tom Lemon was hired by the grand jury to assist with the investigation and that she intends to hire him to help with the prosecution.

“I also intend to draw up on any resources that are available to save the county money,” Hildebrand told the paper. “There is a federal prosecutor, Bruce Taylor, who has specialized in prosecuting obscenity cases who has agreed to provide assistance in drafting responses to motions typically filed in such cases.”

None of the $1,332.71 worth of taxpayer-purchased items are eligible for return under the store’s policy unless defective, in which case they must be exchanged for the same item, though the Salina Journal reported that the money could be paid back by the store as a condition of restitution ordered by the court if there is a conviction.

The 29 items found obscene by the grand jury are listed in alphabetical order below: